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Home My Public Portal About097-2013 - Metro - Thor Construction - Rehab of NSP3 Property - 3and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompa y. iing.-the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. �r § 9 8 5 he Certificate of Substantial Completion shall. be submitted to the OwnerandContractor for their -written acceptamc .of responsibilities assigned to them in such Certificate. Upon such, acceptance and .consent -of surety; tf it any, the lwner shall make payment o£retainage applying to such Work or designated porhon4lzereof Such: p yrn,;-ut shall be .adjusted for Work that is incomplete or not in accordance with the requirements of file- ..0 tract Documents. Martial Occupancy or Use § 9.9.1 The Owner may Wcupy or use any completed or partially completed portt n of the Work at any stage when such portion is .designad, y separate agreement with the Contractor,.,povi ded such .occupancy or. use is consented to F # by the insurer a$ requidder Section 1.1.3:1.5 an authorizedby pu�i�ic authorities having jurisdicton:over the Project. Such.partial ogcuucy or use may commence whether_sr,not the portionis substantially complete; provided the. Owner and Contractor: have accepted in, writing theresponsibilities ilities assigned to each of them for payments, t etanage if any; :security, tzaintenancc, heat, utilities, damage to the Work and insurance, and have agreed in writing # tl erring the period f©t .correction of the Work and commencement of warranties required by the Contract z �s7ocuments ;Whenhe ipntr�r considers a portion substantially complete, -and Constnict>on ' auger sh-&jottitly prepaiend submit a list to the Architect as provided under Section,91.2. Consent of the . P Contr'actor..to p4ft y�pP use shall not be unreasonably withheld. The stage of the progress of the Work shall .b`e determined by �tteirnent between 'the Owner and Contractor or,:,if no agreement is reached, by dix"Olf -the -Architect after onsng_,, i i' with the Construction Manager. - § 9.9.2 Imltri diatcly�prior.to suclt-partial occupancy or use the Owztei Construction Manager, .Contractor, and .Architect shall jointly xnspe t�th��area to be occupied orportion of the Work to be used in order to determine and :record the.conditionoftheJork- L7 § 9.9.3 Unless otherwise agreed upon, partial oecizpancy or use of a portion or portions of the Work ap sl not constitute acceptance of Work not compiyang with the requirements of the Contract Documents. ' § 9;D Fln:al.Completion and Final Payment §Z9:10 1 TUpon cvtiip1ettg�z q�fhe Work, the Contractor. shall forward to the Constrluc�.ori-Manager a written notice -that = Work is ready for final inspection and acceptance and shall also forward to_the'Construction Manager -a filial he Contractor's Application farP.Ayment. Upon receipt, the Construction Manager will evaluate the completion of Work of the Contractor and theu::-forward the notice and Application, with the Construction Manager's recommendations, to the Architect who will promptly snake such inspection. When the Architect, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for -Payment or Project Certificate for Payment stating that to the best of their knowledge; information and belief, and on, the basis of their on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor andmoted in the final Certificate is due and payable. The. Construction Manager's and Architect's final Certificate for Payment or Project Certificate for Payment will constitute a further representation that conditions listed in Section 9-10.2.as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.1.0.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which.Ahe Owner or the Owner's property might be responsible -nor encumbered (less amounts withheld by Owner) have b.Oen'paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents o :remain in force after final payment is currently in effect and uvill not be canceled or allowed to expire until at least_ 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable °tb cover the period required by the Contract Docutents, (4) consent of surety; if any, to final payment and;(5), if required by the Owrier, othei data.establislai ig payment ar satisfaction of obligations, such as receip#s releases and waivers •of liens, claims, security iritere; ]sOl or encumbrances arising out of the Contract, to the ext&ifti d in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release ar waiver required by the Owner, the z.: Contractor may famish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled -p pay in discharging such lien, including all costs and reasonable ;attorneys' fees. AIA Document A232Tm — 2009 (formerly A201'"'CMa—1992)_ Copyright m 1992 and 2009 by The American Institute of Architects. All rights: reserved. Iriit_ WARNING: This AIAe Document is protected by U.S, Copyright t.aw and International Treaties_ Unauthorized reproduction or distribution of this 29 Ale Document, or any portion of It, may result in severe civil and criminal penattles,-and will be prosecuted to the maximum extent possible under the law..Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org_ § 9.f0.31f, after Substantial ComPletio of the: the Contractor of by issuance of Chanlge'O,rclers` Architect so confirm, the Owner sha rlr�ipto i Manager and Architect, and without tertx>.inat�tig Wo>r�'Tl. completed acid accepted ff �e zemaxia �-� � �re�-a��fipulated in tlxc Contract Doctirneff#s, ; :� „ ,��;� the liaiance dire for.#hat ponte�n of t . `. :'� �"' 'Contraetoi- to the Architect> through �e Cesnstratet� �., �� b� a11�se.�made under terms and coriditior�s;goye rmn ork, ;dial coinpiefitin tle7 ediAg flnaltgmpIeti+ eatznn'by the �ozitracto�r the: Qontract,.,make paym� xng balance fbr Worlc no and e bonds fiav,e been. 'fui Work.lutly. �t�mpleted:al onManagerr�ox to cert g jrial payment, ereept , § 0:4 The narking of _ _ paytnetxt shall constitute a.tuai. of of Clai pted shall ht _stnilled b�,he n af:mch payrneni.. - ud -,payment shall not eor�sttttte a walvdr of z; 4ns; secutynlerests or::enciimbrances a[�strlg`out of'tha Contractdunsettled, f ; UK N 2 : lure or ply k=lo comiitli requlremetsof the CorFtract Daeutenis, or � . 3 al warrau s required lny. the Contract taupmerttsv Y _ f �c 6Q 9 �'l;D 5 A`c price a aaa moat by to e'Contractor; a Subcoritractor or material stipplrer-shallconstitute u WAV a ` Hof aid t p _w exc ose prdviously ade tri w_ rtting and �ilentlfiecl by that:payee as unsettled t the f of 3, �lbn o Rip 7� L Pl��ISOE+4Sr NQRIOPl;R1lf 10:= a ety,Prepatztlad,i' rogrartts Tie � nfra s iali% r pans e for initiating, maintdurmgaad supervising all safety precautjons.and programs rri ;3tor, tbaGf theortcacf: The Cortttacfor shall stlbrn tl}e Cohtcactcsr s safety pragzai to ihe: "c >` x r . � I Q ai r re nd eocrrd�,nation wlth esalo programs of other ContFaetors e c ns tton fanag � nsrbilitles for vrew,.and coordination of safety programs * lfiiet extend to debt :.r epritrol r ohaii eh aae's or onssons �fthe Contractors Subcontractors; -a ents or employees ees ofthe '� _ g P Y CConvzV sG abe�ac tars, or any � e perso s performing oxtions of the Woric.and nat clir y employed by h Consrn�ti,�Vlaiaa��r § 14 2 S fe oif Rerpo sand Rfoperty F ��_ W o>artit ol. take reasonable nable.precautions: for safety of,; and shall �ravtde reasorxalile protection to preyenlatnage, >nJ' or'. mp�� WOie Work, and other persons who may a€fected thereby; r 2r e i t asfd inateriais.and e ui ,i,tent to lie incv Grated herein, whether in storage on.or off the site, F 1 t q p xP under cage, custody or control of the Contractor or the C6ntra+✓tor..'s Subcontracte►rs or Sub �� •: stal�o�ni�tors; _ propor t ihe.site:or -ad thereto, such as:trees, shrubs, lawns, walks, pavements, roadways; ;trllG�l`es and titillties=not-deskgnatedfor removal,_Ti e uO *atron or replacement in the Course of s constrt�etion; and 4nstrucLion or operations ;ley the Owner or other Contractors. § 10:2.The Contractor shall comply with and give notices required by applicable .laws, statutes, ordinances, codes, k _ rues and regulations and lawful orders. of public authorities bearing on safety of persons or property or their proti�U on from damage, injury or loss §' l0.2.3 The Contractor shall erect andxi aintain, as requ>red by existing conditions perf6nnance of the Contract, re-.asonable safeguards for safety and protection,, including postiir�,g danger signs and. other waT—nings against I zar ; -: pro`inulgating safety reb lations and notifying t capers and users -of adjacent sites and utilities: §.1 0.2.4 When use or storage of e 7 os es'or other hazardous materials or.equipment or unusual methods are n�eciWSOV foi :eutivn of the Word, the:Contractor shall exercise t.i nost care and carry oxt such activities under supem, �L -,of properly quaff#fled personnel: y x § 10 2 5aearxtractor shall promptly zexaedy damage and loss {other than rlatlnage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1 ., 1.02.133 .and 10-2.1.4 caused in whole or in part by the Contractor, a Subcontractor; a Sub -subcontractor, or anyone -directly or indirectly employed by any of them, or by anyone for Whose acts they maybe liable and for which the Contractor is resp�.nsible under Sections 10-2.1.2, 10.2.1.3 and 10.2-1.4, except damage or loss attributable to acts or omissions of the Owner, AIA DocumenM232T —2009 (formerly'A201T"CMa 1992). CopyrightOO 19N and 20D9 by The American Institute afArchitects. All rights reserved. Init. L�fA3 141NG: T :s A!-e Document is protected by i. Z, Copyright Law and tnternatio.qal Treaties. Unaathorixed'reproductson or dR5¢: ibut€on -of *.is A-10 vocumcrit, w any po t'son of it, may resu t in severe cirri, and criminal ponalt;es, ar:d .vili-be prosacuted to the maximum extent possib s- �Q under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA'£oniract t]ocurnents, e-mail The American Institute of Architects' legal counsel, copyright@aia org. Construction Manager or Architect .or.anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or, negligence of the Contractor_ The foregoing obligations of the Contractor are in addition to the Contractor's;. obligations. under Section 3.18. § 10 ? S The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty r �� , -� shall be the prevention of accidents. This: person shall be the Contractor':s superintendent unless otherwise designated ma.� �� z . by the Contractor in writing Eo the Owner, Construction Manageraiatd �1z'chitect_ -_ �� 0 2 7 -The Contractor shall not permit any part of the construction or site to be Ioaded so bs to cause damage or P. �.„ create:=an unsafe condition. =Offlt§ 1 ;2.8 Injury or Ramad6 Person or Property r �ry Ff {her party ors iA or damage to person -or property because of an act or omission -of the other party, or of c'tl s for wli�f3s�e acts s Marty is legally responsible, wrttte#rauo#r bf such injury or damage, wh®ther or not �x Wed, shai�gtven tp the other party within a.reasonable time not exceeding 21 days ai}r discovery. The notice f "Ar -11 provide sn cient-detail to enable the other party to investigate the,matter. 31 Tionttrat lar'is resplousible for compliance with any requirements. included in the Contract Documents x gardip . 7x. .,; s natex als the Contractor encounters a:hazardous material or substance not:Addressed in the `Contract} ;bcumen and:if re finable precautions wil.I be inadequate to prevent foreseeable bodily .injury or death to Peons resulting ;o a izi �d al or substance, including but not lim tcd to asbestos or: polychlorinated biphenyl (PG$j;ez courzttir d on tlt -s by;tlte Contractor, the Contractor sh . up �niocognizing the condition, immediately stop Work in the of c&_ re -.,!report the condition to the Cvm"' Constructlon Manager and-.Awhitect in writing. Y § 10.3.2 Upon recr of Lker�o%actor's written notice the Owner shall. obtain the services of a licensed labgrator° to a;preser alt5r}the material or substance reported by the Contractor and, in the event such material or s substance :is foundto lie present, to cause tt to be iendezed harmless. Unless otherwise required by the Contract Documents; the O ,. �sl7iallrash �n Writing to the Contractor, Construction Manager and Arch-t'tlie names and qualgficatio s Of, ns�r erpiu wh are .to perform tests verifying the presence or abset<ee of such material or ' suNtah6i� br:who' are topbrfoiin the task of removal or safe containment of such mater:al,or ubstance. The x Cr3tractar, .the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or npt :any-�o£-them has reasonable .objection to the persons or entities proposed by the -Owner, If the Contractor, -Gostr�tction Manager pr rcliitect has an objection to a person or entity proposed by the Owner, the Owner shall proppse another�o*l}orn=t1re Contractor, the Construction Manager and the Architect have no reasonable objection., In the material or substance.has been rendered harmless, Work in the affected area shall resumed upon written agieem6nt.of the. Owner -and Contractor. By Change Order, the Contract Time shall be extended appropriately and. the Contract Sum shall: izicreased in the amount of the Contractor's reasonable additional costs of shut- down, delay and start-up_ -40.3.3 To the Aillest extent permitted by law, the Owner shall indemnify and bold harmless the Contractor, Subcontractors; Constriction Manager, Architect, their consultants; and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees; arising out of or resulting fruit performance of the Work in the affected area if in fact the material or substance presents the risk of bodily, injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickzress, disease or death, or to injury,to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is not due to the fault or negligence of the party seeking indemnity... § 10.3.4 The Owner shall not be responsible under this Section 1.0.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents The: Owner shall be sa_ resptblt for materials or subst tlnsances' required by the Contract Documents; except to the c�tent of the Contractor's , . fadIt br negligence in the ise andhandling of such materials or substances_ § 10.3.5 The Contractor'shall indemnify the Owner for the cost and expense the;:Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles; or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. AIA Iocument A2327m — 2009 (formerly A201' CMa—1992), Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved_ [nit. WARNING: This Ale Document is protected by U.S. Copyright Lav, and International Treaties. Unauthorized reproduction or distribution of this 31 AIA° Documant, or any portion of It, may result in severe civil and criminai penalties, and will be prosecuted to the maximum extentpossible i under the Iwn. Purchasers are not permitted to reproduce this document_ To report copyright.violations of AIA Contract Documents; e-mail The. American Institute of Architects' legal counsel, copyright@aia_org. § 1 Q.3.6 if, without negligence on the part of the Contracto , the.Contractor is held liable by a gowininent agehcy.far the cost of remediation.of a hanrdous mAterwal or suiista nee solely by ieason.ofperforr awxkg Work as required by 41e. Contract Documents, the'Owner shall indemni#y `the C6i1kAc#or-for all cost and expehs'c theieby ineu ed. gg _ �� ,NR-11'0 DeMOrgenai0s ON ency affecting safety, of persons or property>. the Contractor shall act; at tlae contractor's discretwot, f sit Kgtkteatened damage, injury loss: 4ddFtional eornpen5a#ion°or extensro ofi�te claznedhy the Coi3etg0it �� as auiit wan emergency shall be determined as provided in Article 15 and Article 7. rAE 11 INSURANCE.AND BONDS = �T1 Contractor's Ltabl[i lnstrrOcb 1.1 The GontracYor 11 purchase from and mawmtain to a companv ar camf aniesl v ly_ ad btWO.. to do , ,bens in #husdictm tivhieh the t'ralect spate. such3istirance as w.tprofeir tI�entzac#or from t ta�tttset � a below h h rri out o or res ill fic mribe Co# tra br'soperat�ons d 660'..e�ed �pezatrons� on; tllte � ractan -fi hiab- ontradtor Way be legally 1jaff e, Wh6ther such operations ko y # ze:.C©rtt ettar or li � ubonsraGtrlay� directly or tiwdirectly'employed 1v aray o�Ft}iem, brly any6nelor?vhase acts ayttf them '�rfwabe lw S W` her �' UlatWs, ez F `:kers catnpensation; disability benefit and other samwlar empli gee laeXtefit acts �vhrcl yrptca 'e WoFk':fo bid, rwraed, ;.. �x or p t�eca se ofi�adrl . in .ti accu ational s>ekrir 5 or disease or death of�theW. w� # - . �iqw ctdi ogees; k ges`becauseof bodily mJury, sickness or Wale, or death bf any person other. than ffi - ees- 4 ..... "dawxta insured by usual pers seal%jfl liability coveiagW. o 7 z5 �1ii or d_. ems, othez thart to.the Work itself, because of injurylo -or destinre#ion of tang ilxle 31, ,: a pity, tn1 :loss ufuse resulting #herefrom; 6 Offinsrfor azi 5. because ofbod�ly mj>yry, death of a person or property damage ins ng au# f 4 w Y ownefs �amtenance . r use of a.motor velnclk; and F�s completed opera tons WAR"C1 oe��a4easnn�1 .py M 13 Calris tar�ixa� o>a#ractual liability insurance applicable to the Contractor sbIgations under Section �.7 5 5: �1 insurance regaarl hy.Section 11.1;1 shall be written for not #ess tlaata ]wmtts: atiwxtiilty specified in the . �ctocte>ied b_y lax+, whichever coverage is greater. CovErages, wri. on an occurrencb. a o�a�!tns-rt3ade ha3 :be maintained without anterwvption'from the date of comhiib-h newzt of the Work until the dat''of nal_paym 3i3 termination of any coverage required #o be aiiaintairted after #'what payrxaent and, with respect the_ the on ractor' x r►pleted opera#ions coverage, until the expiration of the perwod for correction of Worlc,o; for := such other poa7odca �xtaahteance ofcownpleted operation!s`�overage as.specied in the Contract Dtacurttertts. § 11 ;A- ertificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for #ransini l tv the Owzter with a copy to the Architect prior to .commencement Cif tb& Work and then aftez upon rcri6val. r to l eeiiri8n of each=required policy of insurance. These certificates. and the. -insurance policies required by this SeetibA,11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to .; explxe until �t feast 30 days' ,prior written notice hay been given to the Owner: Arw additional certificate evidencirig - contiguation of liability coverage, including coverage for completed operations shall be- submitted with the final Application for Payment as required by Section 9.14 2 and thereafter upon renewal or replacement of such coverage fi until the expiration of the time required by Section 11 i =lnformation concerning reduction of coverage shall be -fur ished by the Contractor with reasonable prot7ptness : -- F �§ 11.1 A The Contractor shall cause the comiicterc al liability coverage required by.the Contract Documents to includo (1)the Construction Manager, the Con.A.ruetion Manager's:consultahts; the Owner; the Arl;hatect, and the Architect's fix, co tawxts as additional insuzeds fox claims caused in whole or in part by the Contractc's negligent acts or omissions: itrt %h C ontractor's opexatwons; and (2) the Owner as an additional insured for clawzns caused in whole or in part by the Confiraei' iiegligeat acts or omissions during the Contractor's completed opera€worts. § 11.2 Owner's Liability Insurance § 11.2.1 The Owner shall be . sponsible for purchasing and maintaining the Owner's usual liatOity insurance. AIA Document A2321" — 2009 (formerly A201 mCMa — 1992). Copyright O 1992 and 2009 by The American Institute of Architects_ All right , s reserved. lnit WARNING: This A10' Document is proteeied by U-S. Coav€.5ht Law and ItlterDational Trc,_Hes. Unauthorized reproduction or di.stri llvfion of this �A� Docua%r.t, or any. portion of it, may result ir, Severe ciyii and cri€►rinaF penalties, and will Ire prosecuted to the maximum extent. possible 32 ur=der the !aw. Purchasers are not permitted to reproduce this document. To report copyright violations.of AIA Contract Documents, e-mail The American .,f A—hR -fey Po 1 —.1 n n § 11.3 Property Insurance § 11.3.1 Unless otherwise provided, the:Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the. Project is located, property insurance written on a builder's risk "all risk" or equivalent policy°form.'in the amount of the initial Contract Sum, plus value of:subsequent Contract rnodific 'ons and cost of materials supplied or installed by others, comprising total value for The entire Project atthe site4onar placement cost basis without.optional deductibles.'Such-property insurance shall be maintained; unless x : t otlteri seprovided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section . or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, Y tivl ib "6ver is later. This insurance shall-indude, interestsof the Owner, the Contractor, ;3ubcontractors and'Sub subcontractors in the Project. ' k§ 11.3.1.1 Property insurance shall be: on an "all-risk" or equivalent policy form and shall include, without limitation - insurance agrst the penlsf fire:(tiviJx extended coverage) and physical loss or,damage includirg; without duplication, oacoverage, #lift, vandalism; malicious mischiefr.eoilapse, earthquake-, flood, windstorm, falsework; testing and to p, temporary buildings:and debris removal-iticludiiig demolition occasioned by enforcement.of any applicable le al require'"Ritk ran hall cover reasonable compicnsation for the [architect's; Contractor's, and Cohstructr€ l>�Iana e ' sec and expenses required as a.result of such insured loss. Rv ate O-er o,'08 fl�ntend to purchase such prooperty ins_urance.required by the Contract and with all of theoas ziZ tlzaanrlQ a ribed above, the Owner shall so inform the .Contractor m turtling prior to cornnienkerri.ent ftheV"hc Contractor may then i'ffeet.insurance,-li h&,w.ill protect the interests of the Contractor, Suhcontracc�r d Sub subcontrctors in the Work, and by appropriate Change Ordertlie cost thereof shall be char Zed tatlr� �w�er Xfthe Coi(�actor is damaged by the failureor'neglect of the Owner purchase or maintain inst ancera 'descrrb °above, y ' pout so notifying the Cpntraetorin writing, then the Owner shall bear all reasonable tosts proprr� y abutable_;thereto. 11.3.1.31f the pr9pprty-i4liurat>ee requiresA6 dtibles; the Owner shall pay costs not covered because ofauch deductibles. § 11:314iThis property ansuiaticc shall cover portions of the Work stored off the site, at ad alsbportion s of the Mork in transit Partial oeetxp�icy ox°use in accordance with Section 9.9 shalI not commence until the insurance company or cbmpd Ties providmk-property insurance -have consented to such partial occupancy or use by endorsement or otherwise The Ov'vrier and the Contractor shalt take reasonable steps to obtain consent of the insurance company or aWmpariiqs .m, &ghi ll; without mutual written consent, take no action with respect to partial occupancy or use that would cause +ancellation, lapse or reduction of insurance. § 11:3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by4h& Contract Documents or by law, which shall -specifically cover such insured objects during installation and.until final acceptance by the Owner; this insurance shall include interests of the Owner; Construction Manager, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property°due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss: df use of the Owner's property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests Fu wntiiig that insurance for risks other than those described. herein or other special causes of -loss" -be included in the prgpezty insurance policy, the Owner shall, if possible include such insurance, and the cost tberdofshall be ch... d'to the Contractor by appropriate Change Order. § 11.3.5 If idif,ing the Project construction period the Owner insures properties; real or personal or both, adjoining or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided o_i the completed Project through. a policy or policies other than these insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of AIA Document A232T'T — 2009 (formerly A201 T01CMa--1992). Copyright Q 1992 and 2009 by The American Instilute of-Archilects. All rights reserved. [nit. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 33 Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible f under the law. purchasers arenot permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. Section 11.3.7 for damages caused by fire or other causes of loss. covered by this separate property:insurance..All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, Iho Owner shall -file with the �ontracto r.a copy; of each policy; that �� lrie�u ke��"surance coverages required b�-this Section :1 I-.3. l;ach policy slrali eontaizr.allgenerally.applicabie. � =� o5�tti� � definitions, exelusians artd.eridorsements related to tltzs Phraject .Each policy shall contain a provision that : e poll ry ll not be.caneeled or allowed.#o expire and that its limits vrll riot be reduced until t east 3Q days' tr inr whiten notice has beea:gir�eu to the ContiiractciF- - 1 'A1 Waivers of. Subrogation. _The Owner and'Cointraetor waive all h is agatiast (,}each other and:any offhe�r:. -` subcontractors, sub-sub.Rntractors, agents and employees each of. e other, auk (V ilie Corrstrttctton Manager, ehitect, Ar itect's c ultants, separate contractors described m Arti cle fi, if any, and any of their.subeontractors; ' ubcon -' rs, aae�nd:erniployees,oz dainaes caused lz l€re of othi causes of lobs -to the e�ctent. cowered by i= �Q ogerty ins ce-obtanursuant to thzs Section 1 L3 or�proetty uasttxace agpl>ealle to tbe:Worlc: except:• rights Ow3 i Contractor rr►ay bane to--tl e. proceeds- o such ins e anteheld by :fihe Owner as fiducta .. l �`� wngi d>ntr�rs appropriate; s1ia11 require of the Construction Nariag;- Construction Manager's. �6 r t ouitanrti�ct's-consultants Owner's separate, contractors described in Article 6, tf,any„ and th€ ; 1 Won ILI a ors, of h Qn1� c rs;.agents and tii lc gees of,aziy of them, by appropriate agir-eements wntten vlrere #GN ztre$ �t 111z -Tar waivers eaclr in favor of other arties enumerated herein. The olicies shall Y. 1 p p Wit, .trovrdeurtva��f biion by endorsement ar. oerise, A waiver. of subrogation shall °be effectsve"as: to a person o�r{eiy tht person or entiZ:would otherwise have a duty:of.iEidemui.€tcation, contzaetua! or 00 oth�sc didntay ce preriiium directly or indirectly attdrheter orzot the person or entity had an < lnsuralrle mf�#t to pL damaged. 1 3 8 P s insure a `de�reOwner's property insutance snail be adjusted by the Owner as fiduciary and made �. yTrable to'tYie Ovriezfas >du+ for the insureds; as this interests may appear, subject to requirements of any applicablEgg e mortee clalti of Section 11 3 1.Tlie Contractor shall pay Subcontractors their just sharesof ysutance roc�eds.:re�etve tle Contractoz acid by appropriate agreements; wtitten where legally zeclutrecl for valkdity, shall req,4e:Mlicoittr tors to bake payments to their Sub -subcontractors in similar.manner." g x § 1 9 f equired in- #,p y a party in interest; the Owner as:fiduciary shall, upon nccttrience of au.insured loss, give;bon21 for prop pt rf nrzance of the Owner's dilties. The cost o€required l?at�ds shah be charged against proceeds r received s-fiduciary The Owner shall deposit in a separate account proceeds,-1dreceived, which the Owner shall l st�ib A aocord�r3�vith such agreement as the -parties in interest may reach;:or as determined in accordance with the i 6fhodpf bin c t ute resolution selected in the Agzeement between the Owner and Contractor. If after such F leis no x th x special -6 e6ment is made and unless the Owner terminates the Contract for convenience, replacement of dama«ed;pfbpe.rty .shailfxlae performed by the Contractor after notification. of a Change in the Work in accordance with Article 7: § 41,310e Owner as fiduciary shall have .power to adjust and settle a loss with insurers unless one of the parties in interest s�ll object in: writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the ispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding. dispute resolution in the Agreement. if the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or distribution of insurance proceeds in accordance with the direction of the arbitrators. °.§ 11.4 Performance Bond and Payment Bond 11.4.1 The Owner shall have the right to require t1 Contractor to furnish bonds covering. faithful performance of the Contract and payment of obligations arising tlxezeurder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. .§ 11h 2 Upon th, equest of any person or entity appearing to be a.potential beneficiary of bans covering payment -of obligations .arising under the :Contract, the Contractor shall promptly furnish a copy fth oe Bonds or shall authorize. a copy to be ft isited. AIA Document A23270 — 2009.(formerly A201 T' CMa-1992). Copyright 0.1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNHNIG: This Air-` Document is projected by U.S. Copyright Law and €.ttarnatlariel Treaties. Unauthorized reproduction or d€stribuilon of this AlA' 'U0C t uU Vr*t, or any portion of it, may FaSU in, SOY2re CE :[ and criminal perwities: acid sill be prosecuted to Vie Maxim -UM eXtent possit:le �4 underi:.a tar. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American instit.ae of Arrhitprts' legal counsel. coovriaht(a)aia.oro. -- - - - ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing -by either, be uncovered fi theobservation and be replaced at the Contractor's expense without change in the Contract Time_ 121 2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically requested to observe prior. to its being covered, the Construction Manager or Architect may request to -see such Work fix, and_kt all be uncovered by the Contractor. If such Work is in accordance with the Conntract Documents, costs of �thcovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not ixt accordance with the Contract Documents, such costs and the cost of correetior _shall" be at the Contractor's expense �ness the condition was caused by the Owner or one of the other Contractors i which event the Owner shall be . �,rsponsible forayment oisuch costs. ^, 4 S A u.S C:ArrPefi ri;ihf Wr]rli.+'.:" 12 21 Sef_ore r Aft $W ptantial Completion The Contractor shall promrptly�orrect Work rejected by the Construction Manager or Architect or failing to conform . to the requirements. ti the CoA Act Documents, whether discovered before or after Substantial Completion and whether or riot fabricated, lisl vd or completed. Costs-nf correcting such rejected: Work;' including additional testing and izeCielns, the."ost oaw spering and replacement, and compensation for the Construction Manager's and Architect'. s servtees<and n es made necessary thereby, shall be at the Contractor's expense. § 12 2 2 After.,,Sltbstanttal �.. nple%'on § 12 2 2.1 l> 'add1tiozito iheCoctor's obligations under Section 35, if, within one year after the date of Substantial Co plctioti-:of1be" ,6&nr;ciated portion thereof, or:a er the date for commencement of warranties established 'under Section 9.9 I> �r b. ,4,6 t� of an applicable specral,wairranty required by the Contract Documents, any t f the Work is found tol be not ih,_�a. e'Qance with the requirements of the Contract Documents, the Contractor-Ab correct it promptly after receipt flf ntten notice firom the Owner to do so unless the Owner has previously i en the Contractor. a written acceptance k such ition. The Owner shall give such notice promptly. er discovery of the condi ron During cove r tri d for correction of Work, if the Owner fails to notify the Cpfiikictor and give the; Cor►ttctor a[z oppoittnnrty fio make the correction, the Owner waives the rights to requee correction by the Contractor . and to retake. --a claim for breach of warranty. If the Contractor fails to correct riozicoufbimiiig Work within a reasonable time -during that period afterareceipt of notice from -the Owner or Architect, t,e,Dwncr may correct it in accordance vrmtli?Se tian 2A.1 § 12.2.22 The one-year period shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work § 12,2 2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractorpuituant to this Section 12.2. 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors oz:otber Multiple Prime Contractors caused by the Contractor's correction or removal of Work that is,not in -accordance with the requirements of the Contract. Documents. § 12.2.5 Nothing.contained in this. Section-12:2 shall be construed to establish a period of limitation with respect to other obhgaEtionsthe Contractor has'under the Contract Documents. Establishment ofthe one year period for correction of:Work as desonbed in Section 12.2.2 relates -only to the specific obligati oti"of ;tiiie Contractor to correct the Worl ,and has rio relia6ri; hip to the time within which the obligation.to comply with-4he,Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's . liability with respect to the Contractor's obligations other than specifically`to correct the Work. AIA Document A232Tm — 2009 (formerly A2011CMa—1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AJAO Document is protedted by U.S. Copyright Lava arld international Treaties. Unauthorrxed reproduction or distribution of this 35 Ale Document, or any portion of it, may result in severe civil and criminal penaftles, and will be prosecuted to the maximum extent possible ur%dor the taw. Purchasers are not permitted to reproduce this document., To report copyright violations of AfA Contract Documents, e-mail We American Institute of Architects` legal counsel, copyright@aia.org. § 12.3 Acceptance of Nonc.onfortniitg Wdrk If the Owner prefers to accept Wbrk that is not in accordance with the requirements of the Contiaci D:ocuinents; :the Owner may do so :instead of requini" ris: removal' and:ceri rectior? -in wlt ich case ther Contract $inn will: -.be reduced as - appropriate and equitable. Suchadjjogtinetitsli llbe effected wh ether or;tot fix al payment has.been. de, '�"�`��4s4f��1��1-��3 �11SG�LLANIOUS-E1RO�15LOI�S '' 13: f �T e Contractsliall.be governed b #1 Jaw. of -the tilace where hire Project is located �c�t tl-,at, if the parties'' �k � " a e s ected arbitration as the the od of'binding dispute eral Arbitration Act shallt,gevem RKi fi'1;2 Succesprs andr Asgns ti ��;2.1 The Q er and tractor respectively bind themselves, °their partners,. successors ass gns d legal M k sentahye to cov r an agreements and obli atioi><s con n �i tlae Cortract Docume l xcept:asprovided:� ; .. fiction 13 2, eith�iart to th Contract shall assign the Contract as a whale without writt c m...>it of fil e when �tther Past + at rn�to iriake such an asafigftme tt without such consent, that A rt3r Kali ve€llreless retnam:le a l . y einsrbbl ill o�i�"�ons�d tMz�Ot�itract_ >�� 2:lic wi �, c>psoni sit Contractor, assign tfiie ntTact to a.lendor prop rdwgansttrttretion 1 ` %wan s �i the AWinder a nu s the Owners ghts and olal�gatrotts �tpder ate Cs i ct IDocun emts. TIC Conir; � 1ia11 it#e �or�°serifs ro ;crnabi[�. required .to facilitate., psi muent. .ik i U'--"-' �Na � 13 3-VViitie to€Ice Y _irkt6ti nv ahal e t med 4 iave:been d y sei�ted ff deliver m person :to the individual; to a member of the Y firritor ert�i = c�z W 00 cereft corporation .£or which at vvas 4ntended, or if:delivered at or sent. by registered m. t -erft led ri l o ouri f rOe :providing ptaof of de_Ii'irery to. Elie Iasrhusiness-addre kiiovvii to the partyigivii g. notice= ' MM- § 13 4 Iitttsntl iedles . 1, § 1& k `Dxttt s a 66-figati a aposaby the. Contract. Documents and tghts and remedies available. thereunder shah lien 4ddittoii to' , tot a lim iation of.duties-obligations; rights ar>d rerrie ies otherwise tfnpasedor.available t�y.la v, DIA § 13 4. No action or failure to act by the Owner, Construction Manager, Aiehtxeet of Contractor shall'. constitute a vvai ,of a right or d y.4E r led them under the Contract, nor shall such action or failure to act constitute approval of or acquiesce ce art a bz c; ikthsreunder, except as may be specifically agreed in writing. y § 1.3.5 %sus and Mnspiectlans § 13.:5.1 Test; inspections at}d=approvals of portionsof the Work shall be made as required by the Contract Documents . x and by applicable lgws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities_ Unless R otherwiceVX:t?uitled, the Contractor shall make arrangements.for.such tests, inspections .and approvals with an independent,# stqig laboratory or entity acceptable to the Owner, or with the appropriate public authority and shall hbear all related costs of tests, inspections and approvals_ The Contractor shall give the Construction Manager and Architect timely notice of when and whev,'tests and inspections are to be made so that the: Construction Manager,and Architect maybe present for such.proceduires: The Owner shall bear eosls;of (l) tests, inspections or approvals'tliat cio not Become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where codes or applicable laws ar:regulations.proiiibit the Owner. from delegating their cost to the Contractor. § 1&5.2 If the Construction Manager Architect Owner or public authorities having jurisdiction deterrii ne fltaf' portions of the Work require additional testing, 'irlspection or approval not included under Section 13 5,1 the Construction Manager and Architect wzll,:upop written authorization froiri.'the.Owner, instruci_the Contractor to make ` - arrangeixierit t uch additioa6 testing, inspection or approval by an ent t acceptable to the pw ter; and the Contractor la l ve timer rratice to the Construction Manager and Architect of when an&where tests and mspectian t e iriii& so that the Construction' Manager and Archite-t may bepresent for such procedures_ Such casts e t pi s ��t•`• vided in Section 13.53, shall be at the Owner's r xpen t § 13.5.3 If such procedures for testing, inspection or approval Pander Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary AIA Document A232' — 2009 (formerly A2011mCMa—1992). Copyright 01992 and 2009 by The American Institute' of Architects. All rights reserved. lriit. WARMING: This AlAe Document is proto; wd by U.S. Copyright Law and linfo ra'lor a€ ?Tootles_ Unautt-Rr«ed reproduction or distribution of this 3� Ie- Document, or any portion of it, may result in sevare ci ail and criminat penalties, and will be prosecuttei to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright Violations of AIA Contract Documbrits,'e-mail The American L.�fr, .+c of Arnhieo:.fc' Icnal *nnncol rnnurenht(n�aia nrrt - by such failure including those of repeated procedures and .compensation for the. Construction Martager.'s and Architect's services and expenses.shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required -by the:Contmct Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the. �w Arclk�tect f 1; t4rfhe Construction Manager or Architect is to vhserve tests, inspections or approvals oquired by the Contract �� oci W nts, the Construction Manager or Architect will .do so promptly and, where prac�icab e; at the normal place of r< ��: �� 3.5.6 Tests,or inspections conducted pursuant to the Contract Docum eats si allcbe made.prgmptly to avoid seasonable d lay m the he.. AR cgs 111ter�S 4nents �d�ay d{uider the Contract Dgcurnents shall bear interest from;the date payment:is,due At such rate he par y por�l r�i.wn ng or, in :thq.absence. thereof, at the legal rate prevailing from ,time to time at the be wlreii rth8 Pr.lod' i �3c� It;�17�I1jrS 4 } i �lyhriti��,jppbu lr ..06 hall conunQuee. alI is-ims apd-causes of action, whether. n. contract, tort; breach of war�aittyr oth4i?vse�agartist-.tiie other arising out of or related to the CoRtaet in accordance. with the requirements of*i 1,i ral 0#4r4 uft method selected. in the Agreement within'tlie time period specified by applicable :law, bil u15any; ae_hot- ,>�'n e :than ] gears after tl a .date. of ubstazitial .Completion ofthe Work. The Owner: and:-tlte;; Coz f actot vaave a'll Mims and causes of action riot Cori inerkced in accordance. with this Section 13.7. - F iiGfl=`:14 TE 1411�IVpaT�10 �RUSPENSION flF. !-RE CONTRACT § 14 Terrt]matlon E Ahe OQntrae#or rt- § 14;3 1;Con ctanay termmate the Contract if the Work is stopped for a period of 30 consectxtiiie days through no a ariault of #lii Coxitr btor?or a Subcontractor; Sub -subcontractor or their agents or .Q- ployees or any outer pees nssor 'I 'per- )jr � portions of the Work under director indirectcontract wl1- 4--tontractor; for ariyof the follov�ing.reasons•;, .. A Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped;,. 2.: i act of government, such as a declaration of national emergency that requires all Work to be stopped; 3 -Because the Construction Manager has not certified or the Architect has not issued :a Certificate, for Paomeitt and:=has not notified the Contractor of the reason for withholding certification as provided in Section 9.4, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4• 'die Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. § 14.1 2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the. Work under director indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the :.:Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days: scheduled for completion, or 120 days in .any 365r day period, whichever is less. § 14.1.3 If one of the reasons described ir> Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner Construction Manager and Architect, terminate the Contract and.recover-from the Owner a :.. ent furor executed inclucliii reasonable overhead and rofit, costs incurred b reason of such termination, r : P Yp? g` P y and darriael § 14 A If the `Work is "stopped for a period of 60 consecutive days through no act or fault of the Contractor or a SSubcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligf Lions under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional AIA Document A232TM -- 2009 (formerly A201 T C!Vla,1992). Copyright ©1992 and 2009 by The American Institute of Architects. All.rights reserved. Init. WARNING- This Ale Document is protected by U.S. Copyright I.aW and International Treaties. Unauthorized reproduction or distribution of this 37 AW Document, or any portions of it, may result in severe civil and criminal penalties: and will be prosecuted to the maximum extent possible f under the law. Purchasers are not permitted to reproduce this.document. To report copyright violations of AIA Contract Documents, e-mail The AmErrican Institute of Architects' legal counsel, copyright@aia,org. d tt ti ` t th O C ` tz tx " ti 1VF ' atr a:rchitect terminate the Cantrot cl recover from th r nd P e ays can en no ce o e caner,: ores c ors ap ae.. Owner as provided in Section 14.1.3 _ I 1.4.2 Termination By ihe Owner for Cause ie Owner may.terminate the Contras t the Contractor; repeatedly refuses or fails,to su enotr h ro erl .slc-tied workers or: ro er`matenals, P PplY b P p. Y P p 2 fails to make payxioient to SubcontraetQrs f�r41 atezrals .or labor in aceortlance witle �respecte agre�mients beiv'Feaen fhe �niraetoran d t oiihactim; 3 3.: repeatedly disregar6applicaable: laws, states, br�tncess codes; ✓Arles and rtatro or lawl tiE- orders of a public authority; or 4 othcrwts's.gutlty a substan iial breach o£ a pia on of -the Ct�ntr tct�ocusneni>s N-91 4:2 2' Whey of tie ve reasons "exist; the Owner, -aft evu nt lon with ihe i��►li�t -04, n l agO, -ATon �af cati.o ".: �. a In tal 'zecision:-Makes that suffiicient caztse � s.to;}usUi r Ouch ac zo i, ay wttha, t pzcl t ice to ` other r', r re e }of t} e.Owner and after,givrri the Contractor and the Coni rAtb�ri� ire i a...., r tivriceaternp4oyrerttaifheContrandrnay,:sribct:toanlainc�rz�1©1eret: NO .I clt e C� ae r fra the'site and"l ke pos esswn:'dall wAtevquipzhent,mirols, and s " " on etton tlui ment and machinery thereon owned by. the Contractor;; w it assz t of subcontracts pursuant to �ectton 5.:4; and ,- __The:xrh�ltever reasonable nzetha`d the Outer may deem srpeden 1pohitten zegtzest § � Co a'c the O�vi ersl all furnish to thb Contractor a detarlecl.;ac ;00#R#t�,vft e cosh utou d' e Ownr�fish�ng.the Work. x a eer ;rtr�x es the Contract for one of the masons stated in Section l4 2 'I5 the Coractar shall y _;W . ��t a MM f� �mentntil the Woik sighed: ' 4 2 the t p` rd balanc a"the Contract iili exceeds costs firiisi izig the V ark 'incTu itg otnpe�tsahtsbt Con t oxi and is anti Ar itect' i ces and expensesiinade necessary thereby, 2&d b� erstanrages �xiiaura��l` v atkd ire pzes dived, such -excess shall be paid to fhe Contractor. f suel► �a s snd da ge excee i• die pnx yhnthe ©caner. The arountto_be naroarate CfirA.ft z _ Orrii,case: �1�,il,pau applzeatioi, be ceztrfied_bethe:Xnitiai DeciSronaer atercon.Sultationwxti s the C�l�tyharterand this obligation for payment.shall survive termtnation afthe Contfact: Y T Stspeslbn5�lj6�Qvnr for Convenience Fl,<3'3:r�[h�_:f� ' 3 r a r,3 ltout cause; .order the Contractor rt-writ rtg to suspend; elelay or tnYerzuptthe Work in 1 f le ar in part fbi�''st�el period of time as the Owner may determine_ 4 § 1&-3 The odtr a6d the Contract Time shall be adjt7sted-far increases in thecost.And tim -caused by • sus span, dela��a Fti[erruption as,described in Section -14.3.1. Adjustment of the Contract Seri sha }l it elude profit. ,V No adlusttnent shall be made to the extent: " •.' t t pe> formance is; was or would have been so suspended, -delayed or interrupted by another cause for Which the Contractor is responsible; or .2 that an equitable adjustment is made or .denied under another provision of this Contract. § 1�14ITermination By the Owner for Convenience § 14 41 The Owner may, at any time, terminate the Contract for ;lte Owner's convenience acid with cause. 4 4 2 Upon receipt of written notice from the Owner of such termination for the Owner's conveniezres, the Contractor shall .1 cease operations as direete-d-by" the Owner in the notice; 2 take actions necessary or that the Owner may direct; for the protection and preszvatncsr of the VG'oric, e t for.. directed to be erformed rior to the effective date of termination stated in the P p p notice; x l teztninate all existing subcontracts and purchase orders and enter into no `further subcontracts and: r pchase orders. AIA Document A232m — 2009 (formerly AMCMa—1992). Copynght-01992:and 20.09 by The American Institute of:Architects. All- rights,reserved. Init. WARMING: This AW Dercument is protected by U.S. Copyrigitt Craw and lntern*lonai Treacles. Unauthorized reproduction or di_:ributiocy of this 38 AW Document, or any pa <ir;t of it, may resu't in severe Civil and crmirsal pL-ssaii<es, and will ba prosacuted to thg maximum extent p6s5ibie under the taw. Purchasers are not permitted to reproduce this document To report copyright violations of ALA Contract Documents, e-mail The American Institute of Architects' ieaal counsel, co0vright0_aia.ora. § 14.4.3 In case of.such termination forthe Owner's convenience, the. Contractor shall be entitled.to receive payment. . for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on: the Work not executed. ,# %A'RT1C .15 CLAIMS AND DISPUTES �b4. �Claim s to § i&ul efnition. A Claim is,a demand or assertion by one of the parties.seeking;.as a matter of right; payment of .;br other relief with respect to the<tezms of the Contract..Tlte terra `xCIaim" also includes otlierdisputes and y�. IN in question between the Owner a>:id Contrractor arising out of on elatuig tolie Contract The zesponsibility to Us' Claims shall Test with the party making the CIaim. =. 4 46.1.2 Notice • Clalml ` ims by eithci :the C .caner or Gvntraclox xiaust=be ;initiated by written notice to :the other CIO, and to, ilia R ion Mier with a copy sent tQ theoia stt�uction. Manager aid Aritect,. if the _. x x 'tiXtstructi adage r.Architect is 0Qt serving as-th �t�ltial �eci"sign Maker C aims by:e><iher party must be fi i aced r da er occtirrezlce of the, event giving rise to such Claim or within 21 days afters the claimant fixsllrecog e e d .T4, ving:nselolhe Claim, whichever is later. - 151.3 Colitltntitnontrat1'rormance. Pending final resolution of a Claim, except as otherwise agreed.in writing or aprpv�tl S ® iele 14, .tbe Contractor -shall- . roceed dill enttly with erfoznanceofthe'Contraet .�t p g P acidie QIier spat>ontne5-in ake payrnel7its in accordance vv>Ith the Contract Docurntents. The Constrtietion Manager 3lifiprepare C1"an e Jrders. and the Architect will issue a Geist file for Payment orI'roject Certificate for• P zcntZnAaraance wi MAhe4ecisions of the Initial Decision-.,MA.e .4 C altirds for�;ddttl'onal, ost. If the Contractor iva sl3es to tlhake a Claim for an increase in the Contract Sum,n. c ten notice as provided h erein-shall be given befpre pit -seeding to execute the Work. Prior notice is not requ d fair ---01aiins rela it g o ati gmerg endangering 1r I✓ or property arising under Section 10:3. z § 1f C�atrs fotliidttlonal Otte § 1S.1n51 the o ra cofr Mts s to.ixiake a Claim for an increase in. the Contract Timex vwritten:notice as provided herein Kali e gives i its gii&actar's. Claim shall include an estimate :of cost and of �roliable effect of delay on progress of the W�zrcro the case of a continuing delay only. one Claim is necessary § If r�onditions are the basis for a Claim for additional time,. such Claim shall be documented by -data substw'W' axoiig 4ia6vv ather conditions were abnormal for the period of time, could not have been reasonably anticipated a6d hid 4 fii adverse effect on the scheduled construction. § 151:.6 Claims for.Consequential Damages. The Contractor and Owner waive Claimsagainst each other for consequential dafiiage's arising out of or relating to this Contract. This mutual waiver includes :. damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, -business and reputation, and for loss of management or employee productivity or of the services .of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation to ail cotlsequerztia]. damages due to either party termination in :,accordance with Article 14. Nothing contained in this $cction 15.1.E shall be deemed to preclude an award. of t liquidated damages, when applicable, in accordance with the requirements of the Contract Documents;_ § 15.2 Initial Decision .§ 15 2.1 (MQ gkcluding those arising under Sections 10.3, 1fl.4, 1.1.3.9; and 11.3-10, shall be referred to the Initial Decon Nfa��er qk initial _decision. The Architect will serve as the Initial Decision Maker;=unless otherwise indicated in hie- Agzeeriient_ Except for those Claims excluded by this Section 15.2 1, an -initial iecision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with tio: decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractu and persons or entities other than the Owner. AIA Document A2321" -- 2009 (formerly A201 TM C?01a—1992). Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved. Init. WAf &ING: This Ale Document is protected by U.S. Go0yright Law and International Treaties. Unauthorized reproduction or distribution of this 39 Ne Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under time law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@ais.org_ § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Maim take one or more;; of the following actions. (1) request addifi;6 tal SUP, data lrom.the claimai (or a resp�.680vith sgpportni� data from the other party, (2) reject the'Clatrn in -"ole or in part, (3) approve "the i✓laim, { ) •sttggest".a comprQrmsea: rtr {5) : advise the partiesthat the Initial Decisiori:llilaleer,is ttziable to..resolve the Claim if the `Iiiitiai Decision=Maker-In ks . . sliffc �t nformation to evaluate the merits of the Clarrri or if the Initial Decision Maher concludes that ni the' Initial -. l�ects o faker's sole ciiscretiori; it would be inap ropriate'for the Initial M61$1 n M eer to resolve Ma dae Clat v. -? - - 15 3 In evaluating Claims ttie Ini#aal ectsiota •lVlal�e; may, bitt -shall not be obli led toa consult W tl or see ti 4 .ifaon from. dither part of from personsctttlipecFaliio 4uledge or e.rpertse �vlro may assist the antral I)§toll , . ' thin rendering. a decision. bie Initial Decisiot't Maker may equest 14e Qtper o at thokize,. retenizozi of ch persons at the Owtier s dense. , �:2.4 If the itial D n Malc r.req est5 a party top ovtde respbn9 to a Claxt or:ttx f fn sli adt3 tlozial �r F y1 } p ° portutg s . cii hall res P oiid, witltio &-A da s-after refer .t of such re oatf aFid�hall either •.l riuv- a . resp i35e o Te gin porkirtb data; ()advice the Final I ciston h+Iakex he.ir the xespensw6r. supportuig u stall be fitrttt 3i : or se the Init#aal I?ecisioii Mal erAb trio :supporting data wl li=be furnished tin receipt of #1te respo�e sr uptp 1 if any, the initial TSecrsio`r M-Aer will either.reject or app ve the Cla� in vs holook inpart. -Iw - . 15 2 i > it i s er will render a>ix iio tttal decisic ri al proving or reject ri {he Claim, or ritd atrr3g ih�tt the IC. a n bleb resolve tht✓;t✓iairti fits tt ittal decision s}ialI {1) be in iiiCittng; ^{2) statettie � reasop� re o it the par ies:and the Archii t ar]ti 6nstrttcfton NEanager, f#he Architect or otistctiortIInagscaf.. g as the Initial eciszon 1VYalcr;f at1 changed t13e Cortiraetum. or Contract me b die tlt~cist sltall be final and bind vn tli parties but stibiect to mediation aui; if the gartles a�i to reso��i�1 p ite mediation, to bindtn dt life tesolut oti. g F 15 2zfrEither. i p N tnay fi rzr mediation ol'�>Ii txtittal decision at any time,, subject tp the terms of Sectron I G _ W 15 X. '1 I�silhert y, 0 days from the date of an initial decision, demand ill r�ritin iliattt other :party e ctr ne ratioin t X of(he-initial decision_ Ifsuch a demand is -made and thelta x�ceiviitgihe demand .: .� .r AM-f falls l `�eltir rrted �n� in the tinie.required, then baiYi parties waive their rrgbts o erl ate or pursue bine iiig: r dispute olutiort p c gs with respect to the }tttal deersiati. _ h: 1,2 Itt the eit ul against the Contrae.#or, the:C�wrier may; but is not :obligated to, notify the surety, if any is ` f e t�atlire aut otiut�tt he Claim: If the Clairii rel=3te €o a posstbiiity of a. Contractor s. default; the Owner may, :but is not obligated ta; notify the surety and request the surety's assistance in resolving the controversy. r 7 &2.,$ If a Cla�rr�t rrAW tc :is the subject of a mechanic'''s-lien, the party asserting such Claimmay proceed in ' Wear' ance wih applicable la v to comply with the lien notice or filing deadlines: f �R 15 3VEoc 16ttdn �� hS 3,1 Clarets, dtsptites, or other matters in controversy arising out of or related to the Contract except those waived as prodded for in Sections 9.10.4, 9.10.5,.and 15.1.6 shall.be subject to mediation as a condition precedent to binding dispute resoiut�ton- : § 15.3.2 The parties shall endeavor to resolve their Claims, by_j-dediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitratln Association in accordance with its Construction Industry :Mediation Procedures in effect on the date of the.A A request for mediation shall be made in wru delivered to the other party to the Contract, mid filed with: the person or entity administering the mediat:iz& I`hb' request may be made concurrently with the;fihn of binding dispute resolution proceedings but, in such' vent, . mediation shall proceed in advance Mlinding dispute resolution proceedings, which shall be stayed pending mediation foreriod of 60 clays from the date of fling, unless stayed for a longer period by agreement of the panes " %;%0r egitri order 1110 arbitratictr is stayed pursuant to this Section 15.3.2,.the parties may ogethelessproceed to the seleetiala of the aritrators}'and agree upon a schedule for later proceedings s § 15.3.$ The parties shall share'the mediator's fee and any filing fees equally. Ttie mediation shall be held n. the place' where the Project is located, unless another location is mutually agreed upon:Agreements reached in mediation shall be enforceable as settlement agreements in ai y court haviiig jurisdiction thereof. Init AIA Document A232-m — 2009 (formerly A201'TMCMa 1992)- Copyright OO 1992 and 2009 by The'American Institute of Architects Aft rights reserved. VI ARN-MG: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribu lun:0. this Ale Document, or any portion Of it, may result in severe civil and erimir_aI penaltios, and Will be prosecuted to the maximum extant possible 410 J under the lavt. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Docurne.nts, .e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method fonbiadingdispute resolution in the Agreement, any. Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually a, gree otherwise, shall be administered .by the American Arbitration Association in accordance with its: Construction Industry' AlaLtratt_in Rules in effect on the date of the Agreement. A demand for arbitration shall be made in wasting; delivered to t€ ier party to the Contract; and filed with the person or entity admfnsster ang the arbitration The patty filing a ' n+N o; errand for arbitrations must assert its the demand all Claims then known to that party on wluich.arliitraiion is permit9ho be demanded. iade no earlier than concurrently er the date when the institution> le statute of limitations Vor star or entity administering : e arl itr 1 A demand for arbitration sl )n, but in no even' v t'shall it :laim would be b3+ 1'e r- c: ', 1 the' filing of.a..request for al. or equitable proceedings based limitations purposes, receipt :of.a shall constitute. the institution of the arbitrator or arbitrators shal:lae final,'and judgment may be entered upon it in .its any coast having jurisdiction thereof . F. to arbitrate and other agreements to arbitrate with an additional person. or entityduly reeinent shall be specifically enforceablo under applicable Iaw in any court having cretion, may consolidate an arbitration conducted under this Agreement with any provided that (1),the arbitration agreement governing the other arbitration trationls" to be cojnsolidated substantially involve common questions of law nr-fact,. inaterialiy. 9inciil4rpxocedura1 rules and methods for selecting arbitrators) erelzian -may include by joinder persons or entities Qse presence is required if complete relief is to be'. nsents. in writing to such joinder: Consent to arbitai consent to arbitration of any claim, dispute:or 00l ially :involved in a a arbitration, ,provided olving an additional in question not �nsent. contractor grant to any person or entity made a party to an arbitration conducted under this joinder or consolidation, the same rights of joinder and consolidation as the Owner and felt AIA Document A232TM — 2009 (formerly A201 T' CUa—1992). Copyright ©1992 antl 2009 by The American Institute of Architects. All rights reserved. WARNING., This Ale Document is protected by U.S. Copyright Law and Internationat Treaties. Unauthorized reproduction or distribution of this 41 Ale Document, or any portion of it; may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright.violations of ALA Contract Documents, .e-mail The American Institute of Architects' legal counsel, copyright@aia-org. Al NEIGHBORHOOD STABILIZATION PROGRAM NSP GUIDELINES As referenced in Contract No. 97-2013 Article §8.6 Confidentiality and Access to Records. All of the reports, information, data, etc. prepared or assembled by Contractor or Contractor's agent, subcontractor, qualified contractor, or architect, under the Contract, are confidential and Contractor agrees that they shall not be made available to any individual or organization without prior written approval of Richmond. Contractor understands, acknowledges, and agrees that the State of Indiana, the City as recipient, HUD, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers and records of Contractor or Contractor's subcontractors which are pertinent to this project as an NSP program for the purpose of making audits, examinations, excerpts, and transcriptions. Equal Opportunity Clause, Executive Order 11246. During the performances of this Contract, Contractor agrees as follows: a) Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, creed, sex, color, or national origin. Such action shall include, but not be limited to, the following: -employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places information to be available as set forth in the below provisions of this nondiscrimination clause. b) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive considerations for employment without regard to race, religion, color, sex, national origin or handicap. c) Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. x 1 i. t c) Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f) In the event of Contractor's non --compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order I I246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. g) Contractor will include the portion of the sentence immediately preceding paragraph `a' and the provisions of paragraphs `a' through `g' in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, that in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such Contractor may request the United States to enter into such litigation to protect the interests of the United States. Richmond further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if Richmond so participating is a state or local government, the above equal opportunity clause not applicable to any agency, instrument or subdivisions of such government which does not participate in work on or under contract. Richmond agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. Richmond further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contract and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity � if clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part I1, Subpart D of the executive order. In addition, Richmond agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions; cancel, terminate or extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate proceedings. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) (A) As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b "Director" means Director, Office of Federal Contract Compliance Programs, U.S. Department of Labor, or any person to whom the Director delegates authority; C. "Employer identification number" means the federal Social Security number used on the employer's quarterly federal tax return, U.S. Treasury Department Form-941. d. "Minority" includes: i. Black (all persons having origins in any of the black African racial groups not of Hispanic origin); ii. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); iii. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia the Indian subcontinent, or the Pacific Islands); and iv. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable trivial affiliations through membership and participation or community identification)_ (B) Whenever Contractor or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000.00 the provisions of these specifications and the notice which is set forth in the solicitations from which this contract resulted. (C) If Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U-S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the plan. i � f Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees_ The overall good faith performance by other contractors or subcontractors toward a goal in an approved plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. (D) Contractor shall implement the specific affirmative action standards provided in paragraphs (G,ZI through 17 of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. (E) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereof. (F) In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by Contractor during the training period_ Contractor must also have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be pursuant to training programs approved by the U.S. Department of Labor. (G) Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: I. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities where employees are assigned to work. Contractor where possible, will assign two or more women to each construction project. Contractor shall specifically ensure that all foremen, superintendents and other on -site supervisor personnel are aware of and carry out Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. �r �f 2. Establish and maintain a current list of minority and female recruitment sources. Provide written notification to minority and female recruitment sources and to community organizations when Contractor or its unions have employment opportunities available and maintain a record of the organization's responses. 3. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to Contractor by the union, or if referred, not employed by Contractor, this shall be documented in the file with the reason therefore; along with whatever additional actions Contractor may have taken. 4. Provide immediate written notification to the director when the union or unions with which Contractor has a collective bargaining agreement has not referred. to Contractor a minority person or woman sent by Contractor or when Contractor has other information that the union referral process has impeded Contractor's efforts to meet its obligations. 5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to Contractor's employment needs, especially those programs funded or approved by the Department of Labor. Contractor shall provide notice of these programs to the sources complied under (G)2 above. 6. Disseminate Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each locations where construction work is performed. 7. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on - site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. 8. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media and providing written notification to and discussing Contractor's EEO policy with other contractors and subcontractors with whom Contractor does or anticipates doing business. 9. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process. 10. Encourage present minority and female employees to recruit other minority persons and women, and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of the Contractor's work force. 11. Validate all test and other selection requirements where there is an obligation to do so under 41 CPR Part 60-3. 12. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriated training, etc., such opportunities and encourage these employees to see or the prepare for, through appropriate training, etc., such opportunities. 13. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and Contractor's obligations under these specifications are being met. 14. Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. 16. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 17. *Covered construction contractors performing contract in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any office of Federal Contractor Compliance Programs Office or from federal procurement contracting officers. * Proposed Rule (H) Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations ((G}i through 17). The efforts of contractor associations, joint contractor -union, contractor - community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (G)l through 17 of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation shall not be a defense for the contractor's non- compliance. (1) A single goal for minorities and a separate single goal for women have been established. Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female and all women, both minority and non -minority. Consequently, Contractor may be in violation of the executive order if a particular group is employed in a substantially disparate manner. (For example, even though Contractor has achieved its goals for women generally, Contractor may be in violation of the executive order if a specific minority group of women is underutilized.) (J) Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, national origin or handicap. (K) Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246. (L) Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contact Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. (M) Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph seven of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If Contractor fails to comply with the requirements of the executive order, the implementing regulations, or these specifications, the director shall proceed in accordance with 41 CFR 60-4.8. (N) Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address,. telephone numbers, construction trade, union affiliation if any, employee identification number when assigned Social Security number, race, sex, status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed_ Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (0) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 3, NSP Funded Contract Provisions Richmond and Contractor shall include the following contract provisions or conditions in all procurement contracts and subcontracts as required by NSP guidelines, IHCDA guidelines, federal law, or the State of Indiana: (A) Effective date of contract. (B) Names and addresses of award recipient or sub recipient and contractor. (C) Names of representatives of award recipient or sub recipient and contractor who will act as liaison for administration of the contract. (D) A citation of the authority of the award recipient under which the contract is entered into and the source of funds. (E) Contractual provisions or conditions that allow for administrative, contractual, or legal remedies in instances in which a contractor violates or breaches the contract terms, and provided for such remedial actions as may be appropriate. ,� kl f I